Case law

Binder v. Aetna Life Insurance

89 Cal. Rptr. 2d 540 · California Court of Appeal · Oct 14, 1999

A defendant can qualify for summary judgment by showing that an element of plaintiff’s cause of action cannot be established. (Code Civ. Proc., § 437c, subd. (o)(2); see also, e.g., Weil & Brown Cal. … The “circumstances” referenced in Aetna’s manuals which would result in a warning rather than termination were not so clearly defined as to conclusively establish an implied agreement that termination would be warranted by

Saxer v. Philip Morris, Inc.

54 Cal. App. 3d 7 · California Court of Appeal · Dec 23, 1975

As to the third cause of action a tying arrangement is clearly alleged. … Nor does it immunize the outlawed acts because they are done by any of these. [Citations.]

City of Hemet v. Superior Court

37 Cal. App. 4th 1411 · California Court of Appeal · Aug 24, 1995

It argues that the qualified confidentiality provisions of CPRA offer a sufficient protection against unjustified disclosure. We cannot agree. … Our conclusion is that this necessarily implies a privilege, albeit qualified by the remainder of the post-Pitchess procedures for discovery.

Caldera Pharmaceuticals, Inc. v. Regents of the University

205 Cal. App. 4th 338 · California Court of Appeal · Apr 24, 2012

Caldera clearly believes that these strict criteria for federal jurisdiction establish that its complaint belongs in state court. … Moreover, consulting a treaty to establish a deadline that will be used to prove a breach of contract hardly qualifies as a necessary, essential, or substantial question of patent law under section 1338(a) and Christianson

Chevlin v. Los Angeles Community College District

212 Cal. App. 3d 382 · California Court of Appeal · Jul 6, 1989

With Radtke’s approval, Fain permitted Chevlin to receive training at Harbor with the intent that she could then qualify for the registry exam scheduled for October 1982. … City of Colton (1988) 197 Cal.App.3d 1335, 1343 [ 243 Cal.Rptr. 463 ] stated: “[T]he immunity provided governmental entities by section 818.8 for misrepresentation applies not only to the first two types of deceit described

Lewis-Simas-Jones Co. v. Southern Pacific Co.

106 Cal. App. 437 · California Court of Appeal · Jun 16, 1930

It is apparent that the United States Supreme Court in answering these questions very clearly pointed out that the violation of the act consisted of the failure to establish rates covering the transportation from the international … In answering the first question regarding the jurisdiction to determine the reasonableness of the joint through rate, the court qualified its affirmative answer by the words “for the ascertainment of damages.”

Connelly v. Bornstein

California Court of Appeal · Mar 28, 2019

This claim clearly falls within the plain language of the statute.” (Id. at p. 195.) … same facts that establishes that the underlying claim was untenable.

People v. Dean

174 Cal. App. 4th 186 · California Court of Appeal · May 22, 2009

Here, plaintiff properly established by documentary *196 evidence and otherwise that defendant had sustained two qualifying convictions. … For the purpose of clearly identifying the parties, Jeffrey Dean will be referred to as defendant and the People will be referred to as plaintiff. 2 The initial petition for commitment was filed in December 2001.

Los Angeles County Flood Control District v. Mindlin

106 Cal. App. 3d 698 · California Court of Appeal · Jun 9, 1980

Wright was not qualified to testify concerning the location of the parcel in relation to the river. No attempt was made to so qualify him, although the trial court did suggest that such an attempt be undertaken. … The offer was made with a clearly stated condition attached of reserving the right of appeal.

Back v. Farnsworth

25 Cal. App. 2d 212 · California Court of Appeal · Mar 1, 1938

It was held the facts involved establish a resulting trust in favor of the respondent. From that decree this appeal was perfected. … Farnsworth, was appointed and qualified as administrator with the will annexed of her estate. The house and lot were included in the inventory as the property of her estate.

People v. Walker

107 Cal. Rptr. 2d 264 · California Court of Appeal · May 23, 2001

Our review of the record certainly shows that the unchallenged proof demonstrates Walker did suffer the conviction and that it qualifies as a serious felony in California. … This was error since the matter was clearly before the court.

Fisher v. Morrison Homes, Inc.

109 Cal. App. 3d 131 · California Court of Appeal · Aug 12, 1980

It is easy to imagine that a developer, anxious to cut costs, might feel less compelled to perform up to the standards of his profession were immunity automatically conferred upon dedication to the city. … Clearly a private developer does not ordinarily fall within this category. 2 For this reason, plaintiffs’ strict liability theory must fail.

People v. Victor F.

112 Cal. App. 3d 673 · California Court of Appeal · Nov 26, 1980

Clearly, neither the security guard, the school principal, or teachers’ primary mission was to enforce the law in our instant case. The court in People v. … , or it may be employed to elicit any matter which may tend to overcome, qualify or explain the testimony given by a witness on his direct examination.'’...” *683 The court further states on page 672: “We construe the foregoing

McColm v. Westwood Park Assn.

62 Cal. App. 4th 1211 · California Court of Appeal · Apr 3, 1998

This suggests that the Legislature did not intend for the court to concern itself with this consideration.” 6 The Appeal as New Litigation McColm contended that because an appeal is not among the “Special Proceedings” established … Clearly, Westwood is a respondent in this appeal, regardless of how McColm chooses to characterize its position.

People v. Barillas

49 Cal. App. 4th 1012 · California Court of Appeal · Sep 27, 1996

The makers of this innovation upon established trial methods were thus obliged to turn into a rule of law the old practice as to accomplices, if they wished to retain its benefit at all. … But who is it that establishes his guilt? He himself—he is his own accuser; and the proof, and often the only proof which can be had, of his guilt, comes from his own lips.

Fair Employment Practice Commission v. State Personnel Board

117 Cal. App. 3d 322 · California Court of Appeal · Feb 27, 1981

The July 7 letter clearly contemplates the early appointment of a Division chief which will enable him to consider those persons currently eligible for promotion. … Appellants also suggest that the fact that evidence demonstrated that no promotions had, in the past, been made between the date of a qualifying examination and the effective date of a new promotion eligibility list establishes

Lloyds Bank California v. Wells Fargo Bank

187 Cal. App. 3d 1038 · California Court of Appeal · Dec 11, 1986

“A resulting trust cannot be enforced in favor of a person who has paid part of the consideration for the transfer of property unless it is possible to clearly establish the amount of money contributed by him [or her] or … One who claims a resulting trust in land must establish clearly, convincingly and unambiguously, the precise amount or proportion of the consideration furnished by him [or her]. [Ci *1045 tation.]

In Re Marriage of Becker

161 Cal. App. 3d 65 · California Court of Appeal · Oct 23, 1984

They are correct that Chirmside is not controlling, but they mistakenly fail to recognize that Chirmside clearly points to the path to be followed: were the retirement contributions refunded, former wife would be entitled … Where only a portion of the acquisition price has been furnished, a resulting trust may be established in a fractional interest in the property on a pro tanto basis. ( Keene v.

Moorpark School District of Ventura County v. Reynolds

13 Cal. App. 170 · California Court of Appeal · Apr 7, 1910

Upon the filing of the petition by the Somis school district the superintendent of schools called an election in each of the school districts, notifying the qualified electors of an election to be held upon the question of … An examination of the petitions filed with the superintendent of schools clearly shows *174 that the petitioners therefor did not unite in a request for the formation of a specific territory into a high school district.

Black v. County of Los Angeles

55 Cal. App. 3d 920 · California Court of Appeal · Feb 27, 1976

This section is applicable even though the public entity is immune from liability for the injury.” … The evidence clearly demonstrates that plaintiffs sought to impose liability on defendants because of a failure to post proper regulatory signs regarding speed and for failure to post warning signs regarding the specific